Smt. Niru Kumari Alias Niru Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6010 of 2026 ====================================================== 1.

Smt. Niru Kumari alias Niru Devi Wife of Sri Amrendra Kumar Resident of Village and P.O.- Patoot, P.S.- Rani Talab (Kanpa), District- Patna, Bihar. 2.

Smt. Shobha Kumari, Wife of Sri Ramendra Kumar Resident of Village and P.O.- Patoot, P.S.- Rani Talab (Kanpa), District- Patna, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The Commissioner, Patna Division, Patna.

3.

The Collector, Patna, District- Patna.

4.

The Additional Collector, Patna Sadar, Patna. 5.

The Deputy Collector, Land Reforms, Paliganj, Patna (hereinafter referred to as DCLR).

6.

The Circle Officer, Bikram, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar, Advocate For the Respondent/s :

Mr. Standing Counsel 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-05-2026 Heard Mr. Ajay Kumar, learned counsel for the petitioners and the State.

2. The present petition has been preferred for the following relief(s):

"(a) For quashing and setting aside the order dated 08.12.2025 passed by the Deputy Collector, Land Reforms, (hereinafter referred to as DCLR) Paliganj, Patna in Bakast Raiyati Case No. 06/2025-26, by which the learned DCLR, Paliganj,

Patna High Court CWJC No.6010 of 2026(2) dt.04-05-2026 2/3 Patna has rejected the case of the petitioners for declaring the Bakast land of the petitioners as raiyati land.

(b) For directing the respondent authorities to consider the case of the petitioners in light of the circular dated 11.11.2014 and thereafter declaring the land of the petitioners as raiyati land, as per the instruction given in the said circular dated 11.11.2014.

(c) For any other relief or reliefs which Your Lordships may deem fit and proper in the facts and circumstances of the case."

3. The petitioner is aggrieved by the order dated 08.12.2025 passed by the DCLR, Paliganj, Patna in Case No. 06/2025-26.

4. Learned State counsel, at the outset, submits that against the said order, the petitioners ought to have moved before the Collector/Additional Collector, Patna.

5. After some arguments, learned counsel for the petitioners submit that they are ready to approach the concerned respondent but the matter be heard on merit.

6. This Court is of the opinion that when a petition is

Patna High Court CWJC No.6010 of 2026(2) dt.04-05-2026 3/3 preferred challenging the order passed by any revenue authority before a superior authority, it has to be considered and after noticing/hearing the parties, a reasoned order is mandatory.

7. The writ petition stands disposed of with the aforesaid observation.

(Rajiv Roy, J) Adnan/- U